HomeMy WebLinkAboutOrd 2020-3483-AORDINANCE NO. 3483-A
EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA
(1) ENACTING A TEMPORARY MORATORIUM ON
EVICTIONS DUE TO A NONPAYMENT OF RENT FOR
RESIDENTIAL AND COMMERCIAL TENANTS WHERE THE
FAILURE TO PAY RENT RESULTS FROM INCOME LOSS
RESULTING FROM THE NOVEL CORONAVIRUS (COVID-
19); AND (2) TRIGGERING THE SUSPENSION OF
FORECLOSURE REMEDIES THAT COULD LEAD TO
EVICTION UNDER SIMILAR CIRCUMSTANCES PURSUANT
TO EXECUTIVE ORDER N-28-20
WHEREAS, on January 30, 2020, the World Health Organization (“WHO”) declared a
Public Health Emergency of International Concern. On January 31, 2020, the United States
Secretary of Health and Human Services declared a Public Health Emergency; and
WHEREAS, on February 14, 2020, the San Diego County Health Officer declared a Local
Health Emergency as a result of the COVID-19 virus, which was subsequently ratified by the
Board of Supervisors on February 19, 2020; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of
Emergency to make additional resources available, formalize emergency actions already underway
across multiple state agencies and departments, and help the State prepare for a broader spread of
COVID-19. The declaration was issued as the number of positive California cases continued to
rise and following one official COVID-19 death; and
WHEREAS, on March 13, 2020, the President of the United States declared a national
emergency as a result of the COVID-19 virus; and
WHEREAS, on March 13, 2020, due to the escalating number of COVID-19 virus cases
nationwide, with many cases in the State of California, the City of Chula Vista Director of
Emergency Services issued a Proclamation declaring a Local Emergency, as authorized by
Government Code section 8630 and Chula Vista Municipal Code section 2.14.080(a); and
WHEREAS, the Centers for Disease Control and Prevention, the California Department of
Public Health, and the San Diego County Department of Public Health have all issued
recommendations, including, but not limited to, social distancing, staying home if sick, canceling
or postponing large group events, working from home, and other precautions to protect public
health and prevent transmission of this communicable virus; and
WHEREAS, on March 12, 2020 and subsequently amended on March 16, 2020, pursuant
to California Health and Safety Code sections 101040, 120175, and 120175.5 (b) the Health
Officer of the County of San Diego (“Health Officer”) issued an Order of the Health Officer and
Emergency Regulations (the “County Order”) that is effective from Tuesday, March 17, 2020
through March 31, 2020 for San Diego County. The County Order prohibits all public or private
DocuSign Envelope ID: C8F2A63B-8210-4D65-8A9C-C245BC5FEF77
Emergency Ordinance No. 3483-A
Page No. 2
“gatherings,” an event or convening that brings together 50 or more people in a single room or
single space at the same time, the closure of all bars, adult entertainment establishments, and other
business establishments that serve alcohol and do not serve food, the closure of on-site dining of
all restaurants and other business establishments that serve food, and cessation of classes or other
school activities where students gather on the school campus for all public or private schools,
colleges, and universities; and
WHEREAS, pursuant to Health and Safety Code section 120175.5(b) and the County
Order, all governmental entities in San Diego County are required to take necessary measures
within the governmental entity’s control to ensure compliance with the County Order; and
WHEREAS, as a result of the public health emergency and the precautions recommended
by health authorities to address the COVID-19 virus, many tenants in Chula Vista have
experienced or are expected to soon experience sudden and unexpected income loss; and
WHEREAS, the Governor of the State of California has stated that individuals may be
temporarily unable to report to work due to illness caused by COVID-19 or quarantines related to
COVID-19 and individuals directly affected by COVID-19 may experience potential loss of
income, health care and medical coverage, and ability to pay for housing and basic needs, thereby
placing increased demands on already strained regional and local health and safety resources,
including shelters and food banks; and
WHEREAS, the Governor of the State of California, in Executive Order N-28-20 dated
March 16, 2020, which is hereby fully incorporated into this Ordinance, delegated to local entities,
including cities, the authority to enact moratoriums to prevent evictions (including evictions from
rental or leased residential or commercial property or as a result of judicial foreclosure) based on
impacts related to the COVID-19 virus; and
WHEREAS, further economic impacts are anticipated, leaving tenants vulnerable to
eviction; and
WHEREAS, during this Local Emergency, and in the interest of protecting the public
health and preventing transmission of COVID-19, it is essential to avoid unnecessary housing
displacement, to protect the City’s affordable housing stock, and to prevent housed individuals
from falling into homelessness; and
WHEREAS, in accordance with Chula Vista Municipal Code section 2.14.080(F)(1), the
City of Chula Vista Director of Emergency Services recommends that the City Council adopt the
below Ordinance as a local measure in order to protect the life and property of the residents of
Chula Vista affected by the emergency declared as a result of the COVID-19 virus; and
WHEREAS, based on the facts and circumstances stated above, it is necessary to establish
this Ordinance as an Emergency Ordinance, within the meaning of City of Chula Vista Charter
section 311(d), for preserving the public peace, health, safety, and general welfare as a result of
the impacts of the COVID-19 virus.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
DocuSign Envelope ID: C8F2A63B-8210-4D65-8A9C-C245BC5FEF77
Emergency Ordinance 3483-A
Page No. 3
Section I. Temporary Moratorium on Evictions Based Upon Failure to Pay Rent
and Judicial Foreclosures Due to COVID-19.
1. Lease-Rent Eviction Moratorium. A temporary moratorium on eviction for non-payment
of rent by residential or commercial tenants (collectively “tenant”) impacted by the
COVID-19 virus is hereby enacted as follows:
A. It shall be unlawful and prohibited for a landlord to evict a residential or commercial
tenant in either of the following situations: (1) for nonpayment of rent if the tenant
demonstrates that the tenant is unable to pay rent due to financial impacts related to
COVID-19 or (2) for a no-fault eviction unless necessary for the health and safety of
tenants, neighbors, or the landlord.
B. A landlord who knows that a tenant cannot pay some or all of the rent temporarily for
the reasons set forth in Paragraph A, above, shall not serve notice pursuant to Code of
Civil Procedure 1161(2), file or prosecute an unlawful detainer action based on a 3-
day pay or quit notice, or otherwise seek to evict for nonpayment of rent. A landlord
knows of a tenant’s inability to pay rent within the meaning of this Ordinance if the
tenant, within 30 days after the rent is due, notifies the landlord in writing of lost
income and inability to pay full rent due to financial impacts of COVID-19, and
provides documentation to support the claim.
C. For purposes of this Ordinance, “in writing” includes email or text communications to
a landlord or landlord’s representative or agent with whom the tenant has previously
corresponded by email or text. Any medical or financial information provided to the
landlord shall be held in confidence, and only used for evaluating the tenant’s claim.
Nothing in this Ordinance shall relieve the tenant of liability for the unpaid rent,
which the landlord may seek after expiration of the local emergency and the tenant
must pay within six (6) months of the expiration of the local emergency. A landlord
may not charge or collect a late fee for rent that is delayed for the reasons stated in
this Ordinance; nor may a landlord seek rent that is delayed for reasons stated in this
Ordinance through the eviction process.
D. For purposes of this Ordinance, “financial impacts related to COVID-19” includes, but
is not limited to, tenant lost household income as a result of any of the following: (1)
being sick with the COVID-19 virus or caring for a household or family member who
is sick with the COVID-19 virus; (2) lay-off, loss of hours, or other income reduction
resulting from business closure or other economic or employer impacts of COVID-19;
(3) compliance with an order from a government health authority to stay home, self-
quarantine, or avoid congregation with others during a state of emergency; (4)
extraordinary out-of-pocket medical expenses; or (5) child care needs arising from
school closures related to COVID-19.
E. For purposes of this Ordinance, “no-fault eviction” means any eviction for which the
notice to terminate tenancy is not based on alleged fault by the tenant, including, but
DocuSign Envelope ID: C8F2A63B-8210-4D65-8A9C-C245BC5FEF77
Emergency Ordinance No. 3483-A
Page No. 4
not limited to, evictions notices served pursuant to Code of Civil Procedure sections
1161(1), 1161(5), or 1162c.
F. A tenant for purposes of this Ordinance also includes a person who leases or rents space
in a mobilehome park for a mobilehome in which they reside.
G. This Ordinance applies to nonpayment eviction notices, no-fault eviction notices, and
unlawful detainer actions based on such notices, served or filed on or after the date on
which the State of California declared a State of Emergency.
2. Foreclosure Suspension. Pursuant to Executive Order N-28-20 issued by the California
Governor on March 16, 2020, evictions based upon foreclosure proceedings are
prohibited as follows:
A. The statutory cause of action for judicial foreclosure, Code of Civil Procedure section
725a et. seq.; the statutory cause of action for unlawful detainer, Code of Civil
Procedure section 1162., et. seq., and any other statutory cause of action that could be
used to evict or otherwise eject a residential or commercial tenant or occupant of
residential real property after foreclosure is suspended only as applied to any tenancy,
or residential real property and any occupation thereof, in which the eviction is based
on the following:
i. The basis for the eviction is a foreclosure, arising out of a substantial
decrease in household or business income (including, but not limited
to, a substantial decrease in household income cause by the layoffs or
a reduction in the compensable hours of work, or a substantial
decrease in business income caused by a reduction of opening hours or
consumer demand), or substantial out-of-pocket expenses; and
ii. The decrease in household or business income or the out-of-pocket
expenses described above, was caused by the COVID-19 pandemic, or
by local, state, or federal government response to COVID-19, and is
documented.
B. This Paragraph 2 shall become inoperative effective May 31, 2020, unless extended
by Executive Order issued by the Governor of the State of California.
3. Penalties-Remedies. This Ordinance shall be punishable as set forth in Municipal Code
Section 1.20.010(A). This Ordinance may also be enforced as set forth in Municipal Code
section 1.20.010(G).
4. Payment Obligation. This Ordinance shall not relieve tenant of any obligation to pay
lawfully due rent, lease, or mortgage payments to landlord or mortgagor.
DocuSign Envelope ID: C8F2A63B-8210-4D65-8A9C-C245BC5FEF77
Emergency Ordinance 3483-A
Page No. 5
5. Rules and Regulations. The Director of Emergency Services may also make and issue
rules and regulations pursuant to Chula Vista Municipal Code section 2.14.080 to
implement this Ordinance.
6. Duration. Unless extended by City Council, this Ordinance shall remain in effect until
May 31, 2020.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
Based on the facts and circumstances set forth above, it is necessary to establish this
Ordinance as an Emergency Ordinance, within the meaning of City of Chula Vista Charter
section 311(d), for preserving the public peace, health, safety, and general welfare as a result of
the COVID-19 virus and is hereby effective upon passage by City Council.
This Ordinance shall also take effect and be in force on the thirtieth day after its final
passage.
In the event of conflict of effective dates, this Ordinance shall be effective upon the
earliest lawful effective date.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
DocuSign Envelope ID: C8F2A63B-8210-4D65-8A9C-C245BC5FEF77
Emergency Ordinance No. 3483-A
Page No. 6
Presented by Approved as to form by
Gary Halbert Glen R. Googins
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 17th day of March 2020, by the following vote:
AYES: Councilmembers: Diaz, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3483-A was passed as an emergency measure on the 17th day of March 2020; and
was duly published in summary form in accordance with the requirements of state law and the City
Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: C8F2A63B-8210-4D65-8A9C-C245BC5FEF77
3/19/2020